Model Legislation

Model Legislation to Protect Against Insurance Discrimination



Provided below are samples of bills that have been introduced to prohibit insurance companies from discriminating against homeowners based on the breed of dog they own. When you contact your state senator or representative, you may want to share these bills with him or her.



Sample legislation from the State of California:

Assembly Bill No. 2399

Introduced February 19, 2004 by Assemblywoman Liu

AN ACT PROHIBITING INSURANCE DISCRIMINATION BASED ON BREED OF DOG.

CHAPTER 11.1. UNDERWRITING PROHIBITIONS REGARDING CERTAIN PROPERTY INSURANCE 679.75. (a) An insurer shall not refuse to issue or renew a policy specified in Section 675 based upon a breed of dog owned by the applicant or insured. (b) An insurer may consider a breed of dog owned by an applicant or insured when setting rates for a policy specified in Section 675 if the rate charged is supported by actuarial data regarding the risk of loss posed by the particular breed. (c) An insurer shall offer a rate discount to any applicant or insured who owns a breed of dog for which the insurer charges a higher rate pursuant to subdivision (b) if the applicant or insured provides documentation that the dog has passed the test for the American Kennel Club Canine Good Citizen® certification. The amount of the discount shall be the lesser of the following: (1) The amount of the rate increase resulting from ownership of the dog pursuant to subdivision (b). (2) Ten percent of the total rate that would be charged for the policy pursuant to subdivision (b). (d) Nothing in this section shall limit the ability of an insurer to refuse to issue or renew a policy, or to charge rates, based upon the history of an individual dog.



Sample legislation from the State of Connecticut:

Senate Bill No. 117

Introduced February 11, 2004 by the Joint Committee on Insurance and Real Estate

AN ACT PROHIBITING INSURANCE DISCRIMINATION BASED ON BREED OF DOG.
Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) No homeowners or renters insurance policy delivered, issued for delivery, renewed or continued in this state on or after October 1, 2004, may establish rates or minimum premiums on the basis of the breed of dog owned or harbored by the insured.



Sample legislation from the State of New Jersey:

Assembly Bill No. 2373

Introduced February 23, 2004 by Assemblyman Van Drew

An Act concerning the use of certain insurance underwriting guidelines pertaining to dogs harbored upon the insured property and supplementing Title 17 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:
"Dog" has the same meaning as defined in section 2 of P.L.1989, c.307 (C.4:19-18).
"Insurer" means any insurer engaged in the business of property and casualty insurance in this State, including commercial lines insurance, pursuant to Subtitle 3 of Title 17 of the Revised Statutes.

2. No insurer shall utilize underwriting guidelines which result in the declination or termination of, limit the amount or type of insurance coverage of, apply a particular rating to, or impose an increased premium under, a homeowners insurance policy on the basis of the type of specific breed of dog harbored upon the insured property.